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HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5128 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE SUBDIVISION OF 0.86 ACRES INTO TWO RESIDENTIAL PARCELS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST INTERSECTION OF TAMARACK AVENUE AND THE SAN DIEGO NORTHERN MANAGEMENT ZONE 1. CASE NAME: SISSON MINOR SUBDIVISION CASE NO.: CDP 00-46 WHEREAS, Craig Sisson, “Developer/Owner,” has filed a verified application COASTAL DEVELOPMENT PERMIT CDP 00-46 TO ALLOW RAILROAD RIGHT-OF-WAY IN LOCAL FACILITIES with the City of Carlsbad regarding property described as A portion of Tract No. 233 of Thum Lands, according to Map No. 1681, filed in the Office of the County Recorder on December 9, 1915, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit “A” dated January 16,2002, on file in the Planning Department, SISSON MINOR SUBDIVISION - CDP 00-46 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of January 2002, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES SISSON MINOR SUBDIVISION - CDP 00-46 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. 7. 8. 9. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that no agricultural lands or environmentally sensitive lands exist on or near the site; the frontage of the site is already improved with a sidewalk allowing pedestrian access; no grading is proposed or authorized with this parcel map; and since no development is proposed with this map, no significant visual impacts will occur. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that there is an existing sidewalk along the property’s frontage on Tamarack Avenue allowing pedestrian access to the west. The project site is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Land Use Plan, certified September 1980, and therefore is not subject to the provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no grading or development is proposed; no steep slopes exist on the property; and the site is not prone to landslides or susceptible to accelerated erosion, floods or liquefaction. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). The project is not located in the Mello I segment of the City’s Coastal Zone and therefore is not subject to the provisions of the Coastal Resource Overlay Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance). That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the minimum required street frontage for parcels in the R-1 zone is 60 feet and the 0.86 acre residential parcel has a limited street frontage of 99.74 feet, thereby precluding a standard subdivision. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that the site is adjacent to the undevelopable San Diego Northern Railroad right-of-way and the other surrounding properties are fully developed with residential uses. That the buildable portion of the panhandle lot consists of 18,500 square feet, which meets the requirements of Section 21 .10.080(c) of the Carlsbad Municipal Code; PC RES0 NO. 5128 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibit “A”, dated January 16,2002. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) of the Carlsbad Municipal Code. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15315 - Minor Land Division of the State CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to parcel map. 1. 2. 3. 4. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC RES0 NO. 5 128 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. ... The Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. The Developer shall submit to Planning Department a reproducible 24" x 36", mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. This approval is granted subject to the approval of MS 00-08 and is subject to all conditions for that other approval. At issuance of building permits, or prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. Prior to the issuance of the parcel map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notieing all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 5128 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RES0 NO. 5128 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders: 13. The Devela ’per shall pay park-in-lieu fee :s to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 14. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days fiom date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... .. . ... ... ... ... ... PC RES0 NO. 5128 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, California, held on the 16th day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Segall NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5128 -6-